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Full text of "MINUTES OF THE AYUNTAMIENTO OF SAN FELIPE DE AUSTIN, 1828-1832, IX"

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214 The Southwestern Historical Quarterly 



MINUTES OF THE AYUNTAMIENTO OF SAN FELIPE 
DE AUSTIN, 1828-1832 

IX 

EDITED BY EUGENE C. BARKER 

[p. 81] List of the Individuals who were voted for Sindieo 
procurador at the Municipal election held on the 12 and 13 of 
the present month in conformity with the 164th Article of the 
Constitution and 97th and 100th articles of Law 37 

Eobert M. Williamson reed 250 votes 

Stephen Eichardson " 56 " 

William Eobinson " 2 " 

Isaac M. Pennington " 1 " 

Town of Austin 19th Deer 1830 

Thos. Barnett 

John W. Moore Jesse Grimes 

Saml Peniston John Huff 

Thos. H. Mays Martin Allen 

C. B. Stewart Thos. Cayce 
J. D. Morris 

In continuation, and in the same town place day and month 
and year the Ayuntamto. proceeded in conformity with the re- 
quisites of the 158th Article of the Constitution and 106th Article 
of Law No. 37 and in presence of the same members and other 
presidents tellers and Secretaries of the Municipal electoral as- 
semblies and in presence of the lists formed the three general lists 
of the persons who were voted for Coniisarios and sindicos of 
precinct and in conformity therewith the president declared con- 
stitutionally elected Comisario of the precinct of San Jacinto 
Citizen Samuel C. Hirams and for sindieo of the same precinct 
Citizen Samuel C. Bundick having reed the majority of votes, 
and citizen Francis Holland as Comisario and Citizen Jesse Grimes 
for sindieo of the precinct of Viesca, having reed the majority 
of votes, and Citizen William Barton as Comisario y Citizen 
Thomas H. Mays as sindieo of the precinct of Bastrop having reed 
the majority of votes and Lawrence Barney as Comisario and citi- 



Minutes of the Ayuntamiento of San Felipe de Austin 215 

zen Thomas Jamieson as sindico of the precinct of Mina having 
received the majority of votes, and Citizen Henry Smith as Com- 
isario and Asa Brigham as sindico for the precinct of Victoria 
having received the majority of votes and Citizen [blank] as 
Comisario and Citizen [blank] as sindico for the precinct of 
Guadalupe in the Colony of the Empresario Green De Witt hav- 
ing reed the majority of votes and the body ordered [p. 83] that 
the two copies of the lists should be made out and one of them 
immediately posted in a public place the originals to be filed, and 
the session was adjourned 

Thos. Barnett 
Samuel M. Williams 

Secy 

In the town of San Felipe de Austin 31 Decembr 1830. The 
Ayuntamto. met this day in extra session the following members 
being present Thomas Barnett president, Jesse H. Cartwright 
2d Begidor Walter C. White 3d liegidor, Churchill Fulchear 4th 
regidor y William Pettus sindico procurador. A report was pre- 
sented to the body by the sindico procurador made by Francis W. 
Johnson relative to the discharge of the duties conferred on him 
by the Ayuntamto. as a special Commissioner of the body appointed 
24th Novembr last which report was read, and approved and or- 
dered to be filed. 

A petition of Martin Aliens praying for the extension of twelve 
months time for the payment of thirty dollars, due by him to the 
municipality, which after a full discussion of the merits of the 
petitioner, was granted, and it was ordered that twelve months 
additional time be added to the original time for the payment of 
said sum of thirty dollars. 

A petition of Thomas Westalls praying that Eighteen months 
additional time may be allowed him for the fulfilment of his con- 
tract with the Ayuntamto. to improve [p. 84] certain lots in this 
town. In consideration of his having engaged to build a school 
house and other buildings on the gulph prairie. The prayer of 
the petitioner was granted on the condition that he does build 
the school house etc. which he states he has undertaken to do 
otherwise he will not be exempted from the improvement of the 
lots which will remain subject [to] the ordinance A petition of 
Samuel H. Hardens praying that the title to lots Nos. 70 and 71 



216 The Southwestern Historical Quarterly 

purchased by him and afterwards taken by Ira Ingram, may be 
made to said Ingram. The prayer of sd petition was granted 
and the title ordered to be issued as soon as the lots are improved. 

A petition of Thomas Davis praying that the title to lot No. 
73 and out lot No. 53 which were bo't by Charles Smith and for 
which sd Davis was security, may issue to him the sd Davis inas- 
much as Smith has abandoned them and he Davis has paid for 
them. The prayer was granted and the title ordered to be issued 
when the conditions are complied with. 

An account was presented by the sindico procurador to the body 
from Francis W. Johnson amtg to 63 37/100 for expenses in- 
curred by him in the expedition ordered by the ayuntamto. of 
which he was the Commissioner of the body which was admitted 
and the balance due ordered to be paid to Mr. Johnson from the 
first funds belonging to the Municipality. 

An account was presented by Samuel M. Williams collector of 
stamp dues for the amt due him for stamp paper furnished the 
ayuntamto and also for postage due him as postmaster the whole 
amtg to $11-6 bitts Eleven dolls 75/100 which amt was ordered 
to be paid sd Williams from the first cash funds of the munici- 
pality. 

An account was presented to the body containing a charge of 
20 50/100 for ironing League and Ingram and taking off their 
irons and fifty dollars for a horse, which had been lost by Mr. 
Thos Gray on the expedition to Gonzales — The Ayuntamto. re- 
fused to admit the first charge inasmuch as the expense was in- 
curred for the special convenience of sd Ingram and League and 
therefore considered it right they should pay it themselves 4 * 
[p. 85.] With respect to the item for the horse, the Ayunto. 
considered the charge exorbitant and had the horse valued by three 
persons who well knew his value viz Oliver Jones F. W. Johnson; 
and Saml O. Pettus who estimated the horse to be worth 25$ 
which amt was admitted and ordered to be pd. out of any unappro- 
priated funds to the legal owner of the sd. horse. 

In conformity with a previous notification of the Ayunto. to 
that effect : John Partin personally appeared before the body this 
day and produced evidence which to the ayuntamto. was satis- 
factory that the errors committed by Partin were not criminal, 

"For the previous history of these unfortunates see The Quarterly, 
XXII, 188, 354. 



Minutes of the Ayuntamiento of San Felipe de Austin 217 

the body therefore resolved that the sd. Partin should be released 
from the injunction which the body had put on his admission as 
a settler and further ordered that the Empresario Austin be noti- 
fied that there no longer exists any impediment to sd. Partins re- 
ceiving land as a settler. 

The following resolutions were then passed by the Ayto. 

First that Citizens Horatio Chriesman, G. E. Edwards, James 
Lynch. Oliver Jones, and William Pettus be and are hereby ap- 
pointed as Commissioners to lay out a road from the town of Sn 
Felipe de Austin to the present residence of Joel Lakey and re- 
port the same to this body as soon as possible 

Second that Citizens John W. Hall, Amos Gates, James Brad- 
bury, Gibson Kuykendall, and Joel Lakey be and are hereby ap- 
pointed Commissioners to lay out a road from the present resi- 
dence of Joel Lakey to the crossing of the Labahia road on the 
river Brazos. 

Third That Citizens Abner Lee, John P. Coles, Nestor Clay 
John Cole and George Erving be and are hereby appointed Com- 
missioners to lay out a road from the present residence of Joel 
Laky to the garrison on the river Brazos. 

On motion of William Pettus sindico procurador, it was ordered 
that one months time be given to Dudley White and Christian 
Wertzner to pay for the lots which they purchased and further 
that notice be given in the next [p. 86] number of the Texas 
Gazette that the said lots will be sold on the first day of Feby next 
unless they be paid for on or before that time, for and on acct of 
the said White and Wertzner. 

The President of the body Thomas Barnett who has been acting 
as Treasurer of the body presented the statement of the ingress 
and egress of the funds placed in his hands and of the adminis- 
tration of the same during the present year which statement after 
having been carefully examined by Walter C. White regidor and 
Samuel M. Williams Secretary as a committee appointed for that 
purpose was found to be correct and it was therefore admitted and 
approved of by the body and ordered with the general statement to 
be passed to the new Ayuntamto. 

On motion of the Sindico procurador William Pettus, it was 
resolved by the Ayuntamto. that the houses and lots purchased 
by a voluntary subscription of the citizens of the municipality, for 



218 The Southwestern Historical Quarterly 

a church, of Nicholas Clopper, the title of which property has been 
vested in the municipality be accepted and declared the property 
of the municipality and as such passed to the new Ayuntamto. 
the same having been a voluntary donation from the Citizens. 

On motion of William Pettus Sindico procurador, it was or- 
dered that the amt due to Samuel M Williams for his services as 
Secretary protem and Secretary of the body since the removal of 
George Fisher, up to the end of the present year, the same being 
two months and a half at the rate of 800$ per annum amtg to 
166 dollars 66/100 be and is hereby allowed and awarded to said 
Williams to be paid out of the first funds of the municipality. 
The body then adjourned until tomorrow at 10 oclock 

Thos Barnett 
Samuel M. Williams 

Secy 

[p. 87] In the Town of San Felipe de Austin first January 
1831 conformably with the municipal ordinances The Ayuntamto. 
met this day the following members being present Thomas Barnett 
prest. Jesse H. Cartwright 2d Begidor, Walter C. White 3d Begi- 
dor Churchill Fulchear 4th Begidor and AVilliam Pettus Sindico 
procurador, and the session being declared by the president as open, 
and on account of a previous notification to that effect, Mr. Francis 
W. Johnson, the Alcalde elect presented himself before the body 
and took the oath prescribed by the 22d article of the Constitution 
which was administered by the prest. of last year — After which 
act the Sindico procurador notified the body that there were no 
others of the new members present, and this act was closed. The 
prest. of the old body then presented a written report of the gen- 
eral affairs of the Municipality during last year and of the reforms 
necessary after its having been read the new president ordered 
a session to be held on the 17th for the purpose of appointing com- 
mittees and the Ayunto. adjourned. 

Thos. Barnett 
Samuel M. Williams 

Secy" 

[p. 1.] En la villa de San Felipe de Austin a 17 de Enero de 
1831— 

"Volume 2 of the manuscript ends here. 



Minutes of the Ayuntamiento of San Felipe de Austin 219 

The Ayuntamto. met this day pursuant to an order of the presi- 
dent, present the following members Francis W. Johnson, prest. 
Walter C. White 1st Regidor Randall Jones 3d Regidor and R. M. 
Williamson sindieo procurador. The Ayuntamto. proceeded to 
examine the report of Mr. Thomas Barnett the former president 
and treasurer of the body, the account of the said treasurer of 
the ingress and egress of the funds of the municipality under 
his charge during the last [year?] and also a statement of the 
debts due by the Ayunto. and debts due to it, and after a careful 
examination they were approved of and the ayuntamto. ordered 
that a succinct statement of the situation of the municipal funds 
be published for the information of the inhabitants of the Juris- 
diction. 

The Ayuntamto then proceeded to the appointment of a treas- 
urer and on motion of R. M. Williamson, Francis W. Johnson the 
president of the body was duly appointed Treasurer to this mu- 
nicipality in conformity with the provisions of the municipal 
ordinance. 

The ayuntamto. adjourned until tomorrow morning at 10 
o'clock 

The 2d and 4th Regidors did not attend this session 

Samuel M. Williams 

Secy 

[p. 2"| In the town of Austin 18th Jany 1831 the Ayuntamto. 
met pursuant to the adjournment of yesterday present F. W. 
Johnson president and Walter C. White 1st Regidor, Randall 
Jones 3d Regidor and R. M. Williamson Sindieo procurador. 

The subject of the appointment of a secretary to the body was 
introduced by the president, and discussed by different members 
in regular order, and it was resolved that inasmuch as the mem- 
bers of the body are absent and it being desirable that all of them 
should be present at the time of appointing the Secretary, the 
matter be postponed until the next meeting, and that the present 
Secretary continue discharging the duties until a further resolu- 
tion of the body relative thereto. 

The subject of the various claims in favor of the municipality 
arrising from fines etc. etc. on some of which judgments have been 
entered, was introduced by the president and after an examination, 
and full discussion by the body, it was resolved that R. M. William- 



220 The Southwestern Historical Quarterly 

son be appointed a committee to whom shall be referred the whole 
matter, and that all the documents etc. now in the possession of 
the body relative to it as also the list and documents relative to 
the tax on town lots, in this town, now in the possession of the 
former Sindico procurador, be given to the said Williamson, for 
his examination and in order to enable him to report, to the body 
at the next meeting, the true situation of all such matters. 

The Ayuntamto. further ordered that the president be author- 
ised to pay out of the first funds collected and belonging to the 
Municipal funds for the translation of the evidence taken in the 
case of Ingram and League. 

It was further ordered by the Ayuntamto. that the president of 
the body adopt such measures not [p. 3] contrary to the existing 
laws, as [several illegible words interlined] may secure the persons 
of the criminals now under restraint and also all others that may 
hereafter require confinement while the municipality is without a 
public prison or jail, as in his judgment may fulfil the objects and 
intentions of the laws and at the same time be the least bother- 
some and expensive to the municipality, and defray the expenses 
which may be incurred from any funds of the municipality not 
otherwise appropriated 

The president introduced for discussion the propriety of raising 
a company of Eangers for the protection of the frontier settle- 
ments of this municipality against the inroads and hostilities of 
barbarous Indians, and urged the necessity of the adoption of this 
or some other measure to secure the inhabitants from Indian in- 
vasion, after mature discussion of the subject by the members in 
regular order, and taking into consideration the peculiar situation 
of the municipality with respect to public funds for the defraying 
of the necessary expenses of a number of men who would be suffi- 
cient to guard and protect the frontier, the body resolved as the 
most expedient that an official letter be addressed to the Lieut 
Col. Commandant of the Batallion of Austin, 42 requiring him to 
furnish the necessary number of Militia men, by draft or other 
wise, to act as Eangers on the frontiers of the Municipality. 

On motion of the Sindico procurador, it was ordered that the 
president be authorized to pay out of any of the municipal funds 
not otherwise appropriated for the translation of Law No. 104 

"This waa Stephen F. Austin. 



Minutes of the Ayuntamiento of San Felipe ale Austin 321 

■of the Legislature of the State, and further ordered by the Ayun- 
tamto. that the President of the body be [p. 4] authorized to 
contract for the printing in the English language of 100 copies 
•of said law No. 104 and No. 39 43 and pay for the same out of any 
unappropriated funds of the municipality. On motion of the first 
regidor Walter C. White ordered that the municipal surveyor 
Thos. H. Borden be authorized to run a straight line from the 
point two miles beyond that known as the Eight mile point to the 
house of Josiah H. Bell provided a contract can be made with 
him to do the same for a moderate compensation, and that Citi- 
zens Thos. Gray and Jesse Thompson be appointed commissioners 
in conjunction with the said Surveyor to review the ground ever, 
which said line may pass and report as to the practicability and 
propriety cf making a road in conformity with this line from this 
"town to the house of said J. H. Bell. 

On motion of the 3d Kegidor Eandall Jones ordered that James 
W. Jones and George Huff be appointed commissioners to lay off 
a road from the house of said Huff to that of Wililam Mortons 
on the Brazos 

An account was presented to the body by G-. B. Cotten printer 
for advertising in the Gazette for subscribers to the church to 
make payment amtg. to five dollars which was admitted, and 
■ordered the same to be paid also an order of Thomas Barnett 
agent for William Barnett in favor of Thomas Davis for 44 66/100 
which was ordered to [be] passed to the credit of said Davis and 
charged to the act of said William Barnett, and also the amount 
due the municipality by the said Thomas Barnett, being $54 99/100 
was settled by being placed to the debit of William Barnett making 
both items the amt of $99 68/100 

[p. 5] A petition was presented to the body by the sindico 
procurador from Nathaniel Townsend praying that a title may 
issue to him for building lots Nos. 143, 144 and 181, he having 
complied with the requisitions under which they were sold, which 
prayer was granted and the title ordered to be issued. 

A petition from Samuel H. Harden was presented to the body 
by the sindico procurador praying that a title may issue to him 
for building lots Nos. 137 and 138, he having complied with the 
requisitions under which they were obtained. Which was granted 

■"See The Quarterly, XXII, 193, and note 32. 



222 The Southwestern Historical Quarterly 

and the title ordered to be issued, reformed by order and the title 
to issue to Francis W. Dempsey. A petition from William H. 
Jack was presented to the body by the sindico praying for a dis- 
pensation of the provisions under which he purchased out lot No. 
66 which was objected to by the body and the prayer refused. 

The body adjourned — the 2d and 4th Eegidors not having at- 
tended the session. 

Samuel M. Williams 

[p. 6] In the town of San. Felipe de Austin 8th March 1831 
At a meeting of the Ayuntamto. in ordinary session in the public 
hall of the municipality were present El Senor Francis W. John- 
son Prest — Ban dall Jones 2d Eegidor — William Eobinson 3d Beg- 
idor and E. M. Williamson Sindico procurador. 

The ayuntamto. resolved, that inasmuch as there is reason to 
believe that the H. Congress of the State considering the peculiar- 
circumstances in which the inhabitants of Texas are placed as re- 
gards the administration of justice contemplate appointing cir- 
cuit judges, and form circuit courts. This Ayuntamto. consider- 
ing the personal merits, moral and political virtues, and informa- 
tion and knowledge of the laws that are attached to citizen Luke 
Lessasier recommend him through the members of the Legis- 
lature from Texas to the consideration of the Legislature of this 
State as a person fully qualified and capable of discharging the 
duties of a circuit judge. 

Likewise the Ayuntamto. in consideration of the moral and 
political virtues, and also the knowledge of the laws, as found in 
the person of Eobert M. Williamson recommend him in the same- 
manner for the appointment of prosecuting Attorney in case that 
by the organic law there should be provision made for a prose- 
cuting Attorney for the circuit courts. Besides the ayuntamiento 
ordered that a certified copy of this act be made out and remitted 
to Citizen Stephen F. Austin in [p. 7] that it may supply its 
corresponding effects and the body adjourned until tomorrow 10 

o'clock. 

Samuel M. Williams 

Secy. 

[p. 8] Town of Austin 9th March 1831. The Ayuntamto.. 
met this day pursuant to adjournment — present the same mem- 
bers to wit Francis W. Johnson Prest, Eandall Jones 2d Eegidor 



Minutes of the Ayuntamiento of San Felipe de Austin 223 

William Bobinson 4th Eegidor and E. M. Williamson Sindico 
procurador. On motion of the president the subject of the ap- 
pointment of a Secretary to the body for the present year was 
discussed, and the appointment conferred on Citizen Samuel M. 
Williams who has been discharging the duties of Secretary provi- 
sionally, with the salary of 800$ per annum. 

A petition was presented by the Sindico procurador from the 
first regidor Walter C. White praying leave of absence for three 
months, for the purpose of attending to some important individual 
affairs, the petition was read and granted by the body.